CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/PMC/33 affecting McCauley model D2AF34C61 propellers fitted to Cessna 336 and 337 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PMC/33. The cancellation will become effective on 9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legal framework for ensuring the safety of air navigation within Australia. One significant aspect of this Act is its provision for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate actions to ensure the continuing airworthiness of aircraft types, aligning with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8. The policy objective underpinning the AD issuance is to maintain and enhance the safety of air navigation by ensuring that aircraft meet necessary safety standards, even as new safety issues emerge over time. The recent cancellation of Australian AD/PMC/33 concerning McCauley model D2AF34C61 propellers exemplifies CASA's commitment to these objectives, reflecting both Australia's international obligations and its dedication to maintaining high safety standards in its aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that play a crucial role in ensuring the continuing airworthiness of aircraft registered in Australia. The scope of these regulations extends to any person or entity involved in the operation, maintenance, or manufacture of the affected aircraft or aeronautical products. The application of these regulations is national, ensuring compliance across Australia in alignment with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures that the requirements of the ADs are met. Any AD issued by the State of Design must be assessed and, if necessary, implemented as an Australian AD by CASA. In this instance, AD/PMC/33 concerning McCauley model D2AF34C61 propellers fitted to Cessna 336 and 337 series aircraft was cancelled due to the resolution of the unsafe condition, reflecting Australia's adherence to international civil aviation standards without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for certain types of aircraft or aeronautical products. The regulations further clarify that ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft on the Australian Register. This involves assessing any ADs issued by the State of Design, and if necessary, issuing corresponding Australian ADs that mandate the required actions to maintain airworthiness. For example, when an AD is issued by the State of Design, CASA evaluates the information and determines if an Australian AD is necessary. If the unsafe condition identified in the AD no longer exists, CASA may cancel the corresponding Australian AD, as was the case with AD/PMC/33 concerning McCauley model D2AF34C61 propellers on Cessna 336 and 337 series aircraft.
The obligations imposed on parties by these regulations are primarily centred on compliance with ADs. Operators and owners of affected aircraft must adhere to the requirements set out in any applicable ADs to ensure the continuing airworthiness of their aircraft. CASA’s role is to monitor and enforce compliance with these directives. Furthermore, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure that aircraft on its register are maintained in a safe and airworthy condition.
Failure to comply with an AD can have serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, it is established that breaches of aviation regulations can attract significant fines and, in severe cases, imprisonment. The exact penalties would be determined based on the nature and severity of the breach, in accordance with the relevant laws and judicial precedents. Ensuring adherence to ADs is therefore crucial for maintaining the safety and airworthiness of aircraft operating within Australia.